Data Management Agreement

Data Management Agreement Template for India

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Key Requirements PROMPT example:

"I need a Data Management Agreement for my healthcare tech startup to engage a cloud service provider for processing patient data in India, with specific provisions for handling sensitive medical information and compliance with healthcare regulations, planned to commence from March 2025."

Document background

The Data Management Agreement is essential for organizations operating in India that engage in significant data processing activities, whether as data controllers or processors. This agreement has become increasingly critical with the implementation of the Digital Personal Data Protection Act 2023 and other Indian data protection regulations. It is typically used when one organization (the data controller) engages another (the data processor) to perform data processing activities on its behalf. The agreement covers crucial aspects such as data security measures, confidentiality obligations, compliance requirements, audit rights, and liability allocation. It should be regularly reviewed and updated to ensure continued compliance with evolving Indian data protection laws and regulations. The document is particularly important for organizations handling sensitive personal data or engaging in cross-border data transfers.

Suggested Sections

1. Parties: Identification of the contracting parties including their registered addresses and company details

2. Background: Context of the agreement, relationship between parties, and purpose of data management services

3. Definitions: Detailed definitions of technical terms, legal concepts, and other important terms used in the agreement

4. Scope of Services: Detailed description of data management services to be provided

5. Data Processing Terms: Specific terms regarding data collection, processing, storage, and handling

6. Rights and Obligations: Detailed responsibilities and obligations of each party regarding data management

7. Data Security Requirements: Mandatory security measures, protocols, and standards to be maintained

8. Confidentiality: Provisions regarding confidentiality of data and business information

9. Compliance with Laws: Obligations to comply with relevant data protection and privacy laws

10. Audit Rights: Rights and procedures for conducting audits of data management practices

11. Breach Notification: Procedures for reporting and handling data breaches

12. Term and Termination: Duration of agreement and conditions for termination

13. Liability and Indemnification: Allocation of risks and responsibilities for damages

14. Dispute Re��ֱ��: Procedures for resolving disputes between parties

15. Governing Law: Specification of Indian law as governing law and jurisdiction

Optional Sections

1. Cross-border Data Transfer: Provisions for international data transfers, if applicable

2. Data Retention and Destruction: Specific requirements for data retention periods and destruction procedures

3. Business Continuity: Provisions for ensuring continuous data availability and disaster recovery

4. Subcontracting: Terms for engaging subcontractors for data processing activities

5. Insurance Requirements: Specific insurance coverage requirements for data-related risks

6. Force Majeure: Provisions for handling unforeseen circumstances affecting data management

7. Change Management: Procedures for managing changes to data management processes

8. Service Level Agreements: Specific performance metrics and service levels, if applicable

Suggested Schedules

1. Schedule 1 - Services Description: Detailed technical specifications of data management services

2. Schedule 2 - Security Standards: Specific security protocols, standards, and requirements

3. Schedule 3 - Data Processing Activities: Detailed list of data processing activities and purposes

4. Schedule 4 - Service Level Metrics: Specific performance metrics and measurement criteria

5. Schedule 5 - Fee Schedule: Pricing and payment terms for services

6. Schedule 6 - Technical Requirements: Technical specifications for systems and infrastructure

7. Appendix A - Contact Details: Key contacts for both parties including emergency contacts

8. Appendix B - Data Categories: Categories of data being processed under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��ֱ�� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

E-commerce

Telecommunications

Insurance

Education

Manufacturing

Professional Services

Retail

Pharmaceuticals

Government and Public Sector

Relevant Teams

Legal

Information Technology

Information Security

Compliance

Risk Management

Operations

Privacy

Data Management

Vendor Management

Contract Administration

Information Governance

Project Management

Relevant Roles

Chief Information Officer

Data Protection Officer

Chief Technology Officer

Chief Privacy Officer

Information Security Manager

Legal Counsel

Compliance Officer

IT Director

Data Manager

Privacy Manager

Risk Manager

Operations Manager

Project Manager

Information Governance Manager

Vendor Management Officer

Contract Manager

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Authors

Alex Denne

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